The Trump administration is broadening the interpretation of a law prohibiting most immigrants in the U.S. from receiving federal public benefits, now encompassing 44 programs, including Head Start preschool programs for low-income children.
Secretary of Health and Human Services, Robert F. Kennedy Jr., stated that the change aims to prevent the diversion of American taxpayers’ funds to incentivize illegal immigration as part of President Trump’s broader immigration crackdown.
The big picture: While existing laws already restricted most immigrants from qualifying for federal benefits like Medicaid and Social Security, the recent policy shift now affects legal permanent residents, individuals granted asylum, and other legally present immigrants.
- The law enacted in 1996 categorized different immigrant groups, barring some from major benefit programs for five years, while preventing others, such as those living in the U.S. illegally or on temporary visas, from enrolling in most programs altogether.
- The Health and Human Services (HHS) department’s recent move rescinded a policy from 1998 that listed 31 programs as “federal public benefits,” extending some benefits to immigrants living illegally, which the administration now deems improper.
- The updated policy, effective once published in the Federal Register but undergoing a 30-day public comment period, adds 13 new program categories, encompassing substance use recovery, Title X Family Planning Program, health workforce programs, and services for transitioning from homelessness.
Go deeper: HHS clarified that the expanded list is not exhaustive and pledged to issue further guidance for the affected programs, with the overall goal of aligning federal benefits administration with the evolving immigration landscape.
- Notable programs included in the expanded restrictions are those supporting public health, education, and social welfare, affecting a wide range of vulnerable populations seeking assistance across various areas of need.
